HB 33

Page 1

AN ACT

RELATING TO THE PRACTICE OF CHIROPRACTIC; AMENDING CERTAIN

SECTIONS OF THE CHIROPRACTIC PHYSICIAN PRACTICE ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-4-3 NMSA 1978 (being Laws 1968,

Chapter 3, Section 3, as amended) is amended to read:

"61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--

COMPENSATION.--

A. There is created the "chiropractic board". The

board shall be administratively attached to the regulation and

licensing department. The board shall consist of six persons.

Four shall have been continuously engaged in the practice of

chiropractic in New Mexico for five years immediately prior to

their appointment. Two persons shall represent the public and

shall not have practiced chiropractic in this state or any

other jurisdiction. A person shall not be appointed to the

board who is an officer or employee of or who is financially

interested in any school or college of chiropractic, medicine,

surgery or osteopathy.

B. Members of the board shall be appointed by the

governor for staggered terms of five years or less and in a

manner that the term of one board member expires on July 1 of

each year. A list of five names for each professional member

vacancy shall be submitted by the New Mexico chiropractic

HB 33

Page 2

association to the governor for consideration in the

appointment of board members. A vacancy shall be filled by

appointment for the unexpired term. Board members shall serve

until their successors have been appointed and qualified.

C. The board shall annually elect a chair and a

secretary-treasurer. A majority of the board constitutes a

quorum. The board shall meet quarterly. Special meetings may

be called by the chair and shall be called upon the written

request of two members of the board. Notification of special

meetings shall be made by certified mail unless such notice is

waived by the entire board and the action noted in the

minutes. Notice of all regular meetings shall be made by

regular mail at least ten days prior to the meeting, and

copies of the minutes of all meetings shall be mailed to each

board member within thirty days after a meeting.

D. A board member failing to attend three

consecutive meetings, either regular or special, shall

automatically be removed as a member of the board.

E. The board shall adopt a seal.

F. The board shall promulgate and file, in

accordance with the State Rules Act, all rules and regulations

necessary for the implementation and enforcement of the

provisions of the Chiropractic Physician Practice Act,

including educational requirements for a chiropractic

assistant.

HB 33

Page 3

G. The board, for the purpose of protecting the

health and well-being of the citizens of this state and

maintaining and continuing informed professional knowledge and

awareness, shall establish by regulations adopted in

accordance with the provisions of the Uniform Licensing Act

mandatory continuing education requirements for chiropractic

physicians licensed in this state.

H. Failure to comply with the rules and

regulations adopted by the board shall be grounds for

investigation, which may lead to revocation of license.

I. Members of the board shall be reimbursed as

provided in the Per Diem and Mileage Act, but shall receive no

other compensation, perquisite or allowance for each day

necessarily spent in the discharge of their duties."

Section 2. Section 61-4-4 NMSA 1978 (being Laws 1968,

Chapter 3, Section 4, as amended) is amended to read:

"61-4-4. APPLICATION REQUIREMENTS--EVALUATION.--

A. Each applicant for a license to practice

chiropractic shall:

(1) make application on forms furnished by

the board;

(2) submit evidence on oath satisfactory to

the board that the applicant has reached the age of majority,

has completed a preliminary education equal to the

requirements for graduation from high school, is of good moral

HB 33

Page 4

character and, after January 1, 1976, except for any student

currently enrolled in a college of chiropractic, has completed

two years of college-level study in an accredited institution

of higher learning and is a graduate of a college of

chiropractic that meets the standards of professional

education prescribed in Section 61-4-5 NMSA 1978; and

(3) pay in advance to the board fees:

(a) for examination; and

(b) for issuance of a license.

B. In evaluating an application, the board may use

the services of a professional background information service

that compiles background information regarding applicants from

multiple sources."

Section 3. Section 61-4-6 NMSA 1978 (being Laws 1968,

Chapter 3, Section 6, as amended) is amended to read:

"61-4-6. EXAMINATION--SUBJECTS--METHOD OF TREATMENT--

RECORDING LICENSE.--

A. The board shall recognize successful completion

of all parts of the examination conducted by the national

board of chiropractic examiners.

B. The board shall examine each applicant in the

act of chiropractic adjusting, procedures and methods as shall

reveal the applicant's qualifications; provided that the board

may waive the requirement for the board-administered

examination upon proof of satisfactory completion of the

HB 33

Page 5

examination conducted by the national board of chiropractic

examiners.

C. The board shall issue a license to all

applicants whose applications have been filed with and

approved by the board and who have paid the required fees and

passed either the board-administered examination with a

general average of not less than seventy-five percent with no

subject below sixty-five percent or the examination conducted

by the national board of chiropractic examiners with a general

average of not less than seventy-five percent with no subject

below sixty-five percent. A license shall be refused to an

applicant who fails to make application as provided in this

section, fails the examination or fails to pay the required

fees.

D. The license, when granted by the board, carries

with it the title of doctor of chiropractic and entitles the

holder to diagnose using any necessary diagnostic procedures,

excluding invasive procedures, except as provided by the board

by rule, and treat injuries, deformities or other physical or

mental conditions relating to the basic concepts of

chiropractic by the use of any methods as provided in this

section, including but not limited to palpating, diagnosing,

adjusting and treating injuries and defects of human beings by

the application of manipulative, manual and mechanical means,

including all natural agencies imbued with the healing act,

HB 33

Page 6

such as food, water, heat, cold, electricity and mechanical

appliances, herbs, nutritional supplements and homeopathic

remedies, but excluding operative surgery and prescription or

use of controlled or dangerous drugs. The holder may also

supervise the use of any natural agencies imbued with the

healing act, such as food, water, heat, cold, electricity,

mechanical appliances, herbs, nutritional supplements and

homeopathic remedies administered by a chiropractic assistant.

E. Failure to display the license shall be grounds

for the suspension of the license to practice chiropractic

until so displayed and shall subject the licensee to the

penalties for practicing without a license."

Section 4. Section 61-4-7 NMSA 1978 (being Laws 1968,

Chapter 3, Section 7, as amended) is amended to read:

"61-4-7. DISPOSITION OF FUNDS--CHIROPRACTIC FUND

CREATED--METHOD OF PAYMENT.--

A. There is created the "chiropractic fund".

B. All funds received by the board and money

collected under the Chiropractic Physician Practice Act shall

be deposited with the state treasurer. The state treasurer

shall place the money to the credit of the chiropractic fund.

C. Payments out of the chiropractic fund shall be

made on vouchers issued and signed by the superintendent of

regulation and licensing upon warrants drawn by the department

of finance and administration in accordance with the budget

HB 33

Page 7

approved by the department of finance and administration.

D. All amounts paid into the chiropractic fund

shall be subject to the order of the board and shall only be

used for the purpose of meeting necessary expenses incurred in

the performance of the purposes of the Chiropractic Physician

Practice Act, the duties imposed by that act and the promotion

of chiropractic education and standards in this state. All

money unused at the end of the fiscal year shall remain in the

chiropractic fund for use in accordance with the provisions of

the Chiropractic Physician Practice Act to further its

purpose.

E. All funds that may have accumulated to the

credit of the board under any previous act shall be continued

for use by the board in the administration of the Chiropractic

Physician Practice Act.

F. The board shall, by rule, designate a portion

of the annual licensing fee for the exclusive purposes of

investigating and funding hearings regarding complaints

against doctors of chiropractic."

Section 5. Section 61-4-10 NMSA 1978 (being Laws 1968,

Chapter 3, Section 10, as amended) is amended to read:

"61-4-10. REFUSAL, SUSPENSION OR REVOCATION OF

LICENSE.--

A. The board may refuse to issue or may suspend or

revoke any license or may censure, reprimand, fine or place on

HB 33

Page 8

probation and stipulation any licensee in accordance with the

procedures as contained in the Uniform Licensing Act upon the

grounds that the licensee or applicant:

(1) is convicted of a felony. A copy of the

record of conviction, certified to by the clerk of the court

entering the conviction, shall be conclusive evidence of such

conviction;

(2) is guilty of fraud or deceit in

procuring or attempting to procure a license in the

chiropractic profession or in connection with applying for or

procuring license renewal;

(3) is guilty of incompetence;

(4) is habitually intemperate or is addicted

to the use of habit-forming drugs or is addicted to any vice

to such a degree as to render the licensee or applicant unfit

to practice chiropractic;

(5) is guilty of practicing or attempting to

practice under an assumed name or fails to use the title

"doctor of chiropractic", chiropractic physician or the

initials "D.C." in connection with the licensee's or

applicant's practice or advertisements;

(6) is guilty of failing to comply with any

of the provisions of the Chiropractic Physician Practice Act

or rules and regulations promulgated by the board and filed in

accordance with the State Rules Act;

HB 33

Page 9

(7) is guilty of willfully or negligently

practicing beyond the scope of chiropractic practice as

defined in the Chiropractic Physician Practice Act;

(8) is guilty of advertising by means of

knowingly false statements;

(9) has been declared mentally incompetent

by regularly constituted authorities or is manifestly

incapacitated to practice chiropractic;

(10) advertises or attempts to attract

patronage in any unethical manner prohibited by the rules and

regulations of the board;

(11) is guilty of obtaining any fee by fraud

or misrepresentation;

(12) is guilty of making false or misleading

statements regarding the licensee's or applicant's skill or

the efficacy or value of treatment or remedy prescribed or

administered by the licensee or applicant or at the licensee's

or applicant's direction;

(13) is guilty of aiding or abetting the

practice of chiropractic by a person not licensed by the

board;

(14) has incurred a prior suspension or

revocation in another state where the suspension or revocation

of a license to practice chiropractic was based upon acts by

the licensee similar to acts described in this section and by

HB 33

Page 10

board rules promulgated pursuant to Paragraph (6) of this

subsection. A certified copy of the record of suspension or

revocation of the state making such suspension or revocation

is conclusive evidence thereof;

(15) is guilty of making a false, misleading

or fraudulent claim; or

(16) is guilty of unprofessional conduct

that includes but is not limited to the following:

(a) procuring, aiding or abetting a

criminal abortion;

(b) representing to a patient that a

manifestly incurable condition of sickness, disease or injury

can be cured;

(c) willfully or negligently divulging

a professional confidence;

(d) conviction of any offense

punishable by incarceration in a state penitentiary or federal

prison. A copy of the record of conviction, certified by the

clerk of the court entering the conviction, is conclusive

evidence;

(e) impersonating another person

licensed in the practice of chiropractic or permitting or

allowing any person to use the licensee's or applicant's

license;

(f) gross negligence in the practice of

HB 33

Page 11

chiropractic;

(g) fee splitting;

(h) conduct likely to deceive, defraud

or harm the public;

(i) repeated similar negligent acts;

(j) employing abusive billing

practices;

(k) failure to report to the board any

adverse action taken against the licensee or applicant by: 1)

another licensing jurisdiction; 2) any peer review body; 3)

any health care entity; 4) any governmental agency; or 5) any

court for acts or conduct similar to acts or conduct that

would constitute grounds for action as provided in this

section;

(l) failure to report to the board

surrender of a license or other authorization to practice

chiropractic in another state or jurisdiction or surrender of

membership on any chiropractic staff or in any chiropractic or

professional association or society following, in lieu of, and

while under disciplinary investigation by any of those

authorities or bodies for acts or conduct similar to acts or

conduct that would constitute grounds for action as provided

in this section;

(m) failure to furnish the board, its

investigators or representatives with information requested by

HB 33

Page 12

the board;

(n) abandonment of patients;

(o) failure to adequately supervise, as

provided by board regulation, a chiropractic assistant or

technician or professional licensee who renders care;

(p) intentionally engaging in sexual

contact with a patient other than the licensee's or

applicant's spouse during the doctor-patient relationship; and

(q) conduct unbecoming a person

licensed to practice chiropractic or detrimental to the best

interests of the public.

B. The board may at its discretion hire

investigators or issue investigative subpoenas for the purpose

of investigating complaints made to the board regarding

chiropractic physicians.

C. All written and oral communication made by any

person to the board or an agent of the board relating to

actual or potential disciplinary action, including complaints

made to the board, are confidential communications and are not

public records for the purposes of the Inspection of Public

Records Act; provided that all information contained in a

complaint file is public information and subject to disclosure

when the board acts on a complaint.

D. Licensees shall bear all costs of disciplinary

proceedings unless exonerated."